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iling Fee. There is no fee to file this form.

iling with the Court. This form must be filed
with the petition to which it relates. Failure to
submit this form with the petition to which it
relates will result in a delay in processing your
case.

hereafter, a party may amend after an
appearance has been filed only by leave of
court or by written consent of all parties.
See generally, Rules 3 and 7 of the
Supplemental Rules of the Probate and
Family Court and Rule 15 of the
Mass.R.Civ.P.

Docket Number

f known, fill in the docket number assigned by
the court or leave blank if not yet assigned.

Decedent’s Name and Date of Death

nter the name of the deceased and date of
death.

bout This Form

orm Use. This form must be used to identify a
Decedent’s surviving spouse, children and heirs
at law. Heirs at law are persons entitled to
receive the Decedent’s property under the
intestacy succession laws if there is no will. For
dates of death on or after March 31, 2012, the
Massachusetts Uniform Probate Code, G. L. c.
190B, § 2-101, et seq., should be consulted. For
deaths prior to that date, see generally, Chapter
190.

op of the Form

Original or Amended Form

ut an “X” next to “Original Form” if this is the

first time you are filing this form; put an “X”
next to “Amended Form” if you have previously
filed this form with the court and are now
changing the information.

There are specific rules that govern
when a pleading can be amended. In
an informal proceeding, an Informal
Petition (MPC 150), Surviving Spouse,
Children, Heirs at Law (MPC 162) or

Devisees (MPC 163) form may only be
amended by a party prior to allowance. In a
formal proceeding, a Formal Petition (MPC
160), Surviving Spouse, Children, Heirs at
Law (MPC 162) or Devisees (MPC 163) form
may be amended by a party as a matter of
course prior to an appearance being filed
before 10:00 a.m. on the return day.

MPC 958 (4/15/16)

Instructions for Form (MPC 162) - Surviving Spouse, Children, Heirs at Law

Division

Enter the name of the county Probate and
Family Court where this form will be filed.

(Example: Suffolk Division, Middlesex Division,
Plymouth Division, etc.)

ine 1 - Information Regarding Decedent’s Surviving Spouse

***ALL PETITIONERS MUST COMPLETE LINE 1***

nter the name of the SURVIVING spouse and
complete address. If the spouse is no longer
living at the time of this filing, you may omit the
address. ALERT: You must provide additional
information regarding the since deceased
spouse in line 8 of this form.

f any heir at law is under a
legal disability (a minor, an
adjudicated or an alleged
incapacitated or protected

person) then you must provide additional
information regarding the heir at law in line 7 of this
form.

Surviving Spouse, if any

Name and Address

ut an “X” next to the appropriate box to
indicate if the Decedent left a SURVIVING
spouse at the time of the Decedent’s death. If a
spouse survived the Decedent’s death but is no
longer living at the time of this filing, you must
put an “X” next to the box that indicates that
the Decedent left a surviving spouse.

ine 2 - Information Regarding Decedent’s Children

***ALL PETITIONERS MUST COMPLETE LINE 2***

MPC 958 (4/15/16)

an heir at law. See the Intestate Succession
Charts on pages 11 - 12.

Line 2, part b, Surviving Spouse’s Children

Put an “X” next to this box if the SURVIVING
spouse has surviving descendants (children,
grandchildren etc.) who are NOT descendants
(children, grandchildren etc.) of the Decedent
and the Decedent died on or after March 31,
2012.

If any heir at law is under a legal
disability (a minor, an adjudicated
or an alleged incapacitated or
protected person) then you must
provide additional information
regarding the heir at law in line 7
of this form.

Line 2, part a, Decedent’s Children

Put an “X” next to the appropriate box to
indicate if the Decedent had children (biological
or adopted), whether alive or deceased.

B
Name and Address

nter the name of the Decedent’s children and
complete address. If a child is deceased, you
may omit the address. ALERT: If a child
SURVIVED the Decedent’s death but is no
longer living at the time of this filing, you must
provide additional information regarding the
since deceased child in line 8 of this form ONLY
IF the child is an heir at law. See the Intestate
Succession Charts on pages 11 - 12.

C
Child of Surviving Spouse; Minor

ut an “X” next to the appropriate box to

indicate if the Decedent’s child is a child of the
surviving spouse. If the Decedent was never
married or a spouse did not survive, do not
check either box. If a child is a minor, you must
check the “Yes” box. ALERT: You must provide
additional information regarding the minor
child in line 7 of this form ONLY IF the child is

Line 3 - Information Regarding Children of any Predeceased Child

***Complete Line 3 ONLY if the Decedent left children in line 2a who are also heirs at law ***
See the Intestate Succession Charts on pages 11-12 for more information.

MPC 958 (4/15/16)

he since deceased descendant in line 8 of this
form.

Relationship to Decedent; Minor

dentify the descendant’s relationship to the
Decedent (grandchild, great-grandchild, etc.).
If a descendant is a minor, you must check the
“Yes” box. ALERT: You must provide additional
information regarding the minor descendant in
line 7 of this form.

f any heir at law is under a legal
disability (a minor, an adjudicated
or an alleged incapacitated or
protected person) then you must
provide additional information regarding the heir at
law in line 7 of this form.

Line 3, part a, All Children Survived

Check this box if ALL of the children listed in 2a
SURVIVED the death of the Decedent.

Line 3, part b, Predeceased Children

heck this box ONLY if a child of the Decedent

listed in 2a died BEFORE the death of the
Decedent. Enter the name and date of death
of the child who predeceased the Decedent.

Line 3, part c, Descendants of any

Predeceased Child

ut an “X” next to the appropriate box to

indicate if a predeceased child listed in 3b left
descendants children, grandchildren,
etc.)(biological or adopted) who SURVIVED the
death of the Decedent.

Name and Address

nter the name of the SURVIVING
descendant(s) and complete address. If a
descendant is no longer living at the time of this
filing, you may omit the address. ALERT: You
must provide additional information regarding

MPC 958 (4/15/16)

Line 4 - Information Regarding Decedent’s Parents

**Complete Line 4 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.)**

Otherwise

and go to line 7 and line 8.

Surviving Parent(s), if any

ut an “X” next to the appropriate box to
indicate if the Decedent left a SURVIVING
parent at the time of the Decedent’s death. If a
parent survived the Decedent’s death but is no
longer living at the time of this filing, you must
put an “X” next to the box that indicates that
the Decedent left a surviving parent.

Name and Address

information regarding the since deceased
parent in line 8 of this form.

nter the name of the SURVIVING parent(s) and
complete address. If a parent is no longer living
at the time of this filing, you may omit the
address. ALERT: You must provide additional

Line 5 - Information Regarding Decedent’s Siblings and Children of any Predeceased Sibling

or deaths on or after March 31, 2012: Complete line 5a and line 5b ONLY if the Decedent left NO
surviving spouse, descendants (children, grandchildren, etc.) or parents.

Otherwise

and go to line 7 and line 8.

or deaths prior to March 31, 2012: Complete line 5a and line 5b ONLY if the Decedent left NO surviving
descendants (children, grandchildren, etc.) or parents.

Otherwise

and go to line 7 and line 8.

MPC 958 (4/15/16)

Line 5, part a, Surviving Sibling(s)

ut an “X” next to the appropriate box to
indicate if the Decedent left a SURVIVING
sibling (biological or adopted, whole or half-
blood) at the time of the Decedent’s death. If a
sibling survived the Decedent’s death but is no
longer living at the time of this filing, you must
put an “X” next to the box that indicates that
the Decedent left a surviving sibling.

Name and Address; Minor

nter the name of the SURVIVING sibling(s) and
complete address. If a sibling is no longer living

t the time of this filing, you may omit the
address. ALERT: You must provide additional
information regarding the since deceased
sibling in line 8 of this form. If a sibling is a
minor, you must check the “Yes” box. You must
provide additional information regarding the
minor sibling in line 7 of this form.

Line 5, part b, Descendants of any
Predeceased Sibling

ut an “X” next to the box to indicate that one
or more of the Decedent’s siblings died before
the death of the Decedent leaving SURVIVING
descendants (biological or adopted).

D
Name and Address

nter the name and address of the surviving
descendant(s). If a descendant is no longer
living at the time of this filing, you may omit the
address. ALERT: You must provide additional
information regarding the since deceased
descendant in line 8 of this form.

MPC 958 (4/15/16)

E
Relationship to Decedent; Minor

dentify the descendant’s relationship to the
Decedent (niece, nephew, etc.). If a
descendant is a minor you must check the “Yes”
box. ALERT: You must provide additional
information regarding the minor descendant in
line 7 of this form.

ine 6 - Information Regarding Next of Kin

For deaths on or after March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving spouse,
descendants (children, grandchildren, etc.), parents, siblings, or descendants of any predeceased sibling.

Otherwise

and go to line 7 and line 8.

*For deaths prior to March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving
descendants (children, grandchildren, etc.), parents, siblings, or descendants of any predeceased sibling.

Otherwise

and go to line 7 and line 8.

nter the name and address of the surviving
heir(s) at law. ALERT: If an heir at law survived
the Decedent’s death but is no longer living at
the time of this filing, you must provide
additional information regarding the since
deceased heir at law in line 8 of this form.

Relationship to Decedent; Minor

dentify the heir at law’s relationship to the
Decedent (1st cousin, etc.). ALERT: If an heir at
law is a minor, you must provide additional
information regarding the minor heir at law in
line 7 of this form.

Heirs at Law/Next of Kin

Name and Address

Put an “X” next to this box to indicate that the
Decedent’s estate passes to the Decedent’s
next of kin. Check the applicable statute in
effect on the Decedent’s date of death and the
Intestate Succession Charts on pages 11 - 12.
Review the Massachusetts Degree of Kinship
Chart (MPC 960) on page 13 carefully since the
heirs at law may include persons up to 11
degrees or more of kinship. Create a family
tree, if necessary.

MPC 958 (4/15/16)

Unknown/Unascertainable Heirs at Law

Put an “X” next to this box if after a reasonable
diligent search, the heirs at law are unknown or
unascertainable.

Checking this box will prohibit you
from filing an Informal Petition
(MPC 150)! A Formal Petition (MPC
160) however, may be filed.

f any heir at law is under a
legal disability (a minor, an
adjudicated or an alleged
incapacitated or protected

person) then you must provide additional
information regarding the heir at law in line 7 of this
form.

Line 7- Information Regarding Heirs at Law under a Legal Disability

***ALL PETITIONERS MUST COMPLETE LINE 7, if applicable***

n informal proceeding is NOT

available if an heir at law is a minor
or an adjudicated or an alleged
incapacitated or protected person
unless he or she is represented by a
conservator or a guardian who is not
the petitioner. A formal proceeding

representative. Include the docket number or
proof of appointment for any court appointed
fiduciary.

however may be commenced. Any request for parental or
virtual representation can ONLY be made in a formal
proceeding. To do so, the petitioner must submit a motion
for court approval prior to the appointment of a Guardian
ad Litem. A formal proceeding is always required when an
heir at law under a legal disability is unrepresented.

Heirs at Law under a Legal Disability

nter the name of any heir at law under a legal
disability and indicate their relationship to the
Decedent. Check the appropriate box to
identify the legal disability (a minor or an
adjudicated or an alleged incapacitated or
protected person). If a minor, list the age.

Represented By

heck the appropriate box to indicate if an heir

at law is represented by a guardian,
conservator or is unrepresented. Provide the
name and complete address of the

ine 8 - Information Regarding Heirs at Law Since Deceased

MPC 958 (4/15/16)

***ALL PETITIONERS MUST COMPLETE LINE 8, if applicable.***

epresentative. Include the docket number or

proof of appointment.

If an heir at law is since deceased
(i.e. died after the death of the
decedent), a Personal
Representative must be appointed
to represent that estate in order to proceed informally. If
no Personal Representative is appointed to represent the
since deceased’s estate, a formal proceeding must be filed.

Heirs at Law since Deceased

nter the name of any heir at law who
SURVIVED the death of the Decedent but is no
longer living at the time of this filing. Indicate
their relationship to the Decedent.

Represented By

heck the appropriate box to indicate if that

estate is represented by a court appointed
Personal Representative. Enter the name and
complete address of the Personal

Bottom of Form – Petitioner’s Signature

ALL PETITIONERS MUST COMPLETE THIS SECTION

**Important Information – Please Read**
Review the completed form for accuracy prior to filing it with the court. If you do not understand this
form, do not sign it! Please consult an attorney for legal advice. Court staff cannot provide legal
advice or instruct you as to the identity of a Decedent’s heirs at law.

MPC 958 (4/15/16)

Petitioner Signature Section

fter You Have Finished

For Additional Information

All Petitioners must complete this section and sign the form on the Petitioner signature line and date it
in the appropriate space.

nce completed, you must file this form with the petition to which it relates in the proper division of the
Probate and Family Court. Failure to submit this form with the petition to which it relates will result in
a delay in processing your case.

detailed description of each probate process can be found in the MUPC Estate Administration

Procedural Guide: A Guide to Estate Administration Practices & Procedures in the Probate and Family
Court, located at: http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-
court/mupc-procedural-guide.pdf.

MPC 958 (4/15/16)

Massachusetts Uniform Probate Code (G. L. c. 190B)
Intestate Succession
(for dates of death on or after March 31, 2012)

If the Decedent is survived by:

Spouse and Children (or the descendants of any pre-
deceased child) and…

The intestate estate passes
to:
 Spouse Only.

 Spouse AND decedent’s
surviving children (and
surviving descendants of any
pre-deceased child).

 Spouse ONLY, if no surviving

parents; OR

 Spouse AND decedent’s
surviving parent(s).

 Surviving Children ONLY (and
surviving descendants of any
pre-deceased child).

 Surviving Parent(s) ONLY.

 Surviving Siblings ONLY (and
surviving descendants of any
pre-deceased sibling).

 Surviving closest relative
according to degrees of
kindred (see § 2-103(4)).

 Commonwealth or
 Soldiers Home (see § 2-105).

ll surviving children are also children of the surviving
spouse and the surviving spouse has no surviving children
who are not children of the decedent.

Spouse and Children (or the descendants of any pre-
deceased child) and…

not all surviving children of the Decedent are also children
of the surviving spouse; OR

he surviving spouse also has surviving children who are not
children of the Decedent.

Spouse and NO Children

Children (or descendants of any pre-deceased child) and
NO Spouse

Parents, and NO Spouse and NO Children

Siblings (or descendants of any pre-deceased sibling), and
NO Spouse, NO Children, and NO Parents

Kin and NO Spouse, NO Children, NO Parents, NO Siblings

No Taker

MPC 958 (4/15/16)

Intestate Succession Pursuant to G. L. c. 190
(for dates of death prior to March 31, 2012)

MPC 958 (4/15/16)

Instructions for Form Surviving Spouse

This info page is part of the LIT Lab's Form Explorer project. It is not associated with the Massachusetts state courts. To learn more about the project, check out our about page.

Downloads: You can download both the original form (last checked 2023-03) and the machine-processed form with normalized data fields.

About This Form:

Sourced from www.mass.gov (2023-03)
Page(s): 13
Fields(s): 42
Average fields per page: 3
Reading Level: Grade 10
LIST Grouping(s): ES-02-00-00-00, ES-00-00-00-00.

Use our Rate My PDF tool to learn more. Go beyond the above insights and learn more about this or any pdf form at RateMyPDF.com, includes: counts of difficult words used, passive voice decetion, and suggestions for how to make the form more usable.

Identified Data Fields:

We have done our best to automaticly identify and name form fields according to our naming conventions. When possible, we've used names tied to our question library. See e.g., user1_name. If we think we've found a match to a question in our library, it is highlighted in green. Novel names are auto generated. So, you will probably need to edit some of them if you're trying to stick to the convention.

Here are the fields we could identify.

form_surviving_spouse was instructions_for_form__mpc_162_surviving_spouse__children__heirs_at_law (0.61 conf)
form__1 was about_this_form (0.49 conf)
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page_field__1 was page_1_field_1 (0.36 conf)
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c was c (0.34 conf)
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page_field__3 was page_2_field_0 (0.31 conf)
child_line_form was child_in_line_7_of_this_form_only_if_the_child_is (0.41 conf)
e was e (0.43 conf)
page_field__4 was page_3_field_1 (0.36 conf)
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d was d (0.30 conf)
page_field__7 was page_5_field_4 (0.36 conf)
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form_petitioner_signature was bottom_of_form_petitioner_s_signature (0.40 conf)
a was a (0.32 conf)
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The Legal Innovation & Technology Lab's Form Explorer Beta @ Suffolk Law School Last updated 2023-04-02

Instructions for Form Surviving Spouse

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The Legal Innovation & Technology Lab's Form Explorer ^Beta @ Suffolk Law School Last updated 2023-04-02